Warrant issued for 89-year-old former director entangled in multibillion-rand corruption case

The state argued that a warrant of arrest should be issued for 89-year-old former company director, Edward Charles Pullen Petzer, who was arrested in Cape Town in connection with the multi-billion rand Northern Cape Mental Health Hospital fraud case. 

His co-accused – former Public Works MEC and former ANC provincial chairperson John Block, Tshegolekae Motaung, a director of Babereki Consulting Engineers, former heads of the Department of Public Works, Patience Mokhali, Motlalepula Elias Selemela and Ruth Palm. They were joined by former co-directors of Babereki Consulting Engineers – Lourencia Crause and Louis Adriaan van Niekerk – as well as engineer Lucky Moyahi, who appeared in the Kimberley magistrate's court this week. 

The accused are facing charges of fraud, corruption, money laundering, and contraventions of the Public Finance Management Act (PFMA).

State advocate Naome Manaka, from the Specialised Commercial Crimes Unit, pointed out that Petzer had missed three consecutive court appearances. 

“Arrangements were made for him to appear virtually from the comfort of his home. The matter cannot proceed without him, as no medical certificate was provided to justify his absence. The offences are serious and no one is above the law. A letter from a general practitioner will not suffice as we require the expertise of a psychiatrist.”

Petzer was scheduled for a one-day psychiatric evaluation to determine whether he is fit to stand trial.

Manaka stated that a request was made for Petzer to undergo a mental evaluation at Valkenberg Hospital in Cape Town, due to his health condition, as he was unable to travel. 

“The head of forensic psychiatry at Valkenberg Hospital, Dr Nyameka Dyakalashe, was not aware of the matter. Petzer has yet to be placed on a waiting list for a bed that may routinely take 12 months before a bed is available.” 

Legal representative for Petzer, Herholdt Robertson, pointed out that it was common knowledge that Petzer had a medical condition, for which doctors' letters were submitted to the state. 

“Petzer is being used as a scapegoat for the matter not to proceed. He is frail and suffers from Schizophrenia, dementia and Alzheimer’s disease, and his condition will only deteriorate.  A Curator Bonis has been appointed to handle his financial and legal affairs. The case can continue without him, or he should be separated from the other accused.” 

He noted that some of the other accused had been in and out of court for the past two years while the trial had yet to begin. 

Robertson stated that the rest of the accused would be prejudiced if they were expected to wait another year while a bed was secured for Petzer. 

Legal representative for Motaung and Mokhali, Advocate Willem Edeling, stated that his clients had been in and out of court since 2023. 

Legal representative for Block, Luluma Lobi, urged that the matter be struck off the roll.

“My client only missed one court appearance due to sickness,” Lobi said.

The matter was postponed until January 19 for an enquiry to be conducted into undue delays. Additionally, the warrant of arrest was issued for Petzer and held over until the next court appearance.